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(1) This Act may be called the Essential Commodities Act, 1955.
(iva) drugs.
(f) words and expressions used but not defined in this Act and
defined in the code shall have the meanings respectively assigned
to them in that code.
(b) for bringing under cultivation any waste or arable land, whether
appurtenant to a building or not, for the growing thereon of food-
crops generally or of specified food-crops, and for otherwise
maintaining or increasing the cultivation of food-crops generally,
or of specified food-crops;
(c) for controlling the price at which any essential commodity may
be bought or sold;
(a) to sell the whole or a specified part of the quantity held in stock
or produced or received by him, or
(a) where the price can, consistently with controlled price, if any
fixed under this section, to be agreed upon, the agreed price;
(c) where neither clause (a) nor clause (b) applies, the price
calculated at the market rate prevailing in the locality at the date of
sale.
(a) where the price, can, consistently with the controlled price of
the foodstuff, if any fixed under this section to be agreed upon, the
agreed price;
(c) where neither clause (a) nor clause (b) applies, the price
calculated with reference to the average market rate prevailing in
the locality at the date of the sale during the period of three months
immediately preceding the date of the notification.
(a) where the price, can, consistently with the controlled price of
the foodstuff, if any, fixed under this section, be agreed upon, the
agreed price;
(c) where neither clause (a) nor clause (b) applied, the price
calculated with reference to the average market rate prevailing in
the locality during the period of three months immediately
preceding the date of the notification.
(iv) For the purposes of sub-clause (c) of clause (iii) the average
market rate prevailing in the locality shall be determined by an
officer authorised by the Central Government in this behalf, with
reference to the prevailing market rates for which published figures
are available in respect of that locality or of a neighboring locality;
and the average market rate so determined shall be final and shall
not be called in question in any court.
(c) the need for making such grade or variety of foodgrains, edible
oilseeds or edible oils available at reasonable prices to the
consumers, particularly the vulnerable sections of the consumers;
and
(a) the minimum price, if any, fixed for sugarcane by the Central
Government under this section;
5. Delegation of powers-
(i) order the same to be sold at the controlled price, if any, fixed for
such essential commodity under this Act or under any other law for
the time being in force; or
The award of any confiscation under this Act by the Collector shall
not prevent the infliction of any punishment to which the person
affected thereby is liable under this Act.
7. Penalties:-
(b) any property in respect of which the order has been contravened
shall be forfeited to the Government.
(a) pay and amount in pursuance of any order made under section 3
or,
(2) The amount recovered under sub-section (1) shall be dealt with
in accordance with the order which the liability to pay or deposit
such amount arose.
(1) when required by any order made under section 3 to make any
statement or furnish any information, makes any statement or
furnishes any information which is false in any material particular
and which he knows or has reasonable cause to believe to be false,
or does not believe to be true, or
(1) In any prosecution for any offence under this Act which
required a culpable mental state on the part of the accused, the
court shall presume the existence of such mental state but it shall
be a defence for the accused to prove the fact that he had no such
mental state with respect to the act charged as an offence in that
prosecution.
(2) For the purposes of this section a fact is said to be proved only
when the court believes it to exist beyond reasonable doubt and not
merely when its existence is established by a preponderence of
probability.
(b) he has, for a period of not less than one year, been a Sessions
judge or an Additional Sessions Judge.
(a) all offences under this Act shall be triable only by the Special
Court constituted for the area in the offence has been committed or
where there are more Special Courts than one for such area, by
such one of them as may be specified in this behalf by the High
Court;
(ii) upon or at any time before the expiry of the period of detention
authorised by him;that the detention of such person is unnecessary,
he may, if he is satisfied that the case falls under the proviso to
section 8, order the release of such person on bail and if he is not so
satisfied, he shall order such person to be forwarded to the Special
Court having jurisdiction;
Provided further that the Special Court may direct that any such
person may be released on bail if he under the age of sixteen years
or is a woman or is a sick or infirm person, or if the Special Court
is satisfied that it is just and proper so to do for any other special
reason to be recorded in writing;
(e) a Special Court may, upon a perusal of police report of the facts
constituting an offence under this Act or upon a complaint made by
an officer of the Central Government or a State Government
authorised in this behalf by the Government concerned or any
person aggrieved or any recognized consumer assciation whether
such person is a member of that association or not take cognizance
of that offence without the accused being committed to it for trial;
(f) all offences under this Act shall be tried in a summary way and
the provisions of sections 262 to 265 (both inclusive) of the Code
shall as far as may be, apply to such trial; Provided that in the case
of any conviction in a summary trial under this section, it shall be
lawful for the Special Court to pass a sentence of imprisonment for
a term not exceeding two years.
(2) When trying an offence under this Act, a Special Court may
also try an offence other than an offence under this Act, with which
the accused may, under the Code, be charged at the same trial;
Provided that such other offence is under any other law for the time
being in force triable in a summary way: Provided further that in
the case of any conviction for such other offence in such trial, it
shall not be lawful for the Special Court to pass a sentence of
imprisonment for a term exceeding the term provided for
conviction in a summary trial under such other law.
The High Court may exercise so far as may be applicable all the
powers conferred by Chapters XXIX and XXX of the Code on a
High Court, as if a Special Court within the local limits of the
jurisdiction of the High Court were a Court of Sessions trying cases
within the local limits of the jurisdiction of the High Court.
16. Repeals and savings :- (1) The following laws are hereby
repealed (a) the Essential Commodities Ordinance, 1955;(b) any
other law in force in any State immediately before the
commencement of this Act in so far as such law controls or
authorizes the control of the production, supply and distribution of
an trade and commerce in, any essential commodity.
ECA Amendment
(Legislative Department)
No. 12 of 1992
9A. In the Essential Commodities Act, 1955 after section 10A, the
following section shall be inserted namely :- "10AA.
Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, no officer below the rank of an officer incharge
of a police station or any police officer authorised by him in this
behalf in writing shall arrest any person accused of committing an
offence punishable under this Act".
President
K. L. Mohanpuria